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ART. 587.
The ship agent shall also be
civilly liable for the indemnities in favor of third
persons which arise from the conduct of the
captain in the vigilance over the goods which
the vessel carried; but he may exempt himself
therefrom by abandoning the vessel with all her
equipment and the freight he may have earned
during the voyage.
ART. 590.
The co-owners of the vessel shall
be civilly liable in the proportion of their
contribution to the common fund for the results
of the acts of the captain, referred to in Article
587.
Each co-owner may exempt himself from this
liability by the abandonment, before a notary, of
that part of the vessel belonging to him.
ART. 643. If the vessel and her cargo should
be totally lost, by reason of capture or wreck,
all rights shall be extinguished, both as regards
the crew to demand any wages whatsoever,
and as regards the ship agent to recover the
advances made.
If a portion of the vessel or of the cargo, or of
both, should be saved, the crew engaged on
wages, including the captain, shall retain their
rights on the salvage, so far as they go, on the
remainder of the vessel as well as on the
amount of the freightage of the cargo saved;
but sailors who are engaged on shares shall
not have any right whatsoever on the salvage
of the hull, but only on the portion of the
freightage saved. If they should have worked to
recover the remainder of the shipwrecked
vessel they shall be given from the amount of
the salvage an award in proportion of the
efforts made and to the risks, encountered in
order to accomplish the salvage.
ART. 837.
The civil liability incurred by the
shipowners in the cases prescribed in this
section, shall be understood as limited to the
value of the vessel with all her appurtenances
and freight earned during the voyage.
the vessel
PARTIES IN MARITIME COMMERCE
A. SHIP OWNERS and SHIP AGENTS
SHIP OWNER: Person who has the
possession
Liability:
- primarily liable for the damages
sustained in the operation of vessel.
- Civilly liable for the acts of the captain
NAVIERO includes SHIP AGENT/ OWNER/
CHARTERER
SHIP AGENT: person entrusted with the
provisioning of the vessel, or who represents
her in the port in which she happens to be.
Liability: solidarily (jointly and severally) liable
with the owner